House of Lords

Session 2005 - 06 Publications on the internet Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 9th November 2005

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Newcastle.

Judicial Business

1.  Mayor and Burgesses of the London Borough of Lambeth and others (Respondents) v. O’Kane (FC) (Petitioner)—Upon application by the petitioner (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

2.  Appeal Committee—The 51st Report from the Appeal Committee was agreed to and the following Orders were made—

Borchard Lines Limited (Respondents) v. Camomile Lines plc and others and others (Petitioners) and others—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Borchard Lines Limited (Respondents) v. Camomile Lines plc and others and others (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Borchard Lines Limited and others and others (Petitioners) v. Managers and Processors of Claims Limited (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Borchard Lines Limited and others and others (Petitioners) and others v. Managers and Processors of Claims Limited (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Douglas and another and others (Petitioners) v. Hello! Limited and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd November.

Mainstream Properties Limited (Petitioners) v. Young and others and another (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd November.

Tektrol Limited (Respondents) v. International Insurance Company of Hanover Limited and others (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

3.  Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

Debt—Implementation Agreement and Supplemental Implementation Agreement between the United Kingdom and Russia concerning the Partial Prepayment of Certain Debt Obligations.    (6684)

4.  Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

1.  Draft Animal Health Act 1981 (Amendment) Regulations 2005, laid under the European Communities Act 1972, together with an Explanatory Memorandum;

2.  Draft Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2005, laid under the Police and Criminal Evidence Act 1984, together with an Explanatory Memorandum;

3.  Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 3) Order 2005, laid under the Scotland Act 1998, together with an Explanatory Memorandum.

5.  Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

1.  Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005, laid under the European Communities Act 1972;    (3068)

2.  Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992;    (3078)

3.  Monopolies and Restrictive Practices (Dental Goods), (Imported Hardwood and Softwood Timber) and (Estate Agents) (Revocation) Order 2005, laid under the Fair Trading Act 1973;    (3103)

4.  National Police Records (Recordable Offences) (Amendment) Regulations 2005, laid under the Police and Criminal Evidence Act 1984;    (3106)

5.  Statement of Changes in Immigration Rules, laid under the Immigration Act 1971.    (—)

6.  Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

1.  Regulations of the Defence Council, amending the Queen’s Regulations for the Royal Air Force (Fifth Edition), laid under the Air Force (Constitution) Act 1917;

2.  Report and Accounts for 2004-05 of the Labour Relations Agency, laid under the Northern Ireland Act 2000;

3.  Report on the Powers to Facilitate Innovation for the academic year ending 31st July 2005, laid under the Education Act 2002.

Select Committee Reports

7.  Statutory Instruments—The 8th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

Draft Asylum (Designated States) (No. 2) Order 2005;

Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005;

Draft European Forest Institute (Legal Capacities) Order 2005;

Draft Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005;

Draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005;

Draft Retention of Communications Data (Further Extension of Initial Period) Order 2005;

it was ordered that the Report be printed. (HL Paper 62)

8.  Delegated Powers and Regulatory Reform—The following Reports from the Select Committee were made and ordered to be printed:

5th Report, on the Identity Cards Bill; (HL Paper 63) and

6th Report, on the following Bills:

NHS Redress Bill [HL];

Natural Environment and Rural Communities Bill;

Civil Aviation Bill;

Transport (Wales) Bill. (HL Paper 64)

Public Business

9.  Assisted Dying for the Terminally Ill Bill [HL]—A bill to enable an adult who has capacity and who is suffering unbearably as a result of a terminal illness to receive medical assistance to die at his own considered and persistent request; and for connected purposes was presented by the Lord Joffe, read a first time and ordered to be printed. (HL Bill 36)

1.  10.  Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on Friday 18th November to allow the motion standing in the name of the Lord Goodhart to be taken before the second reading of the Estate Agents (Independent Redress Scheme) Bill [HL]; the motion was agreed to.

11.  Transport (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that it be an instruction to the Grand Committee to which the Transport (Wales) Bill has been committed that they consider the bill in the following order:

12.  Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2005—It was moved by the Lord Rooker that the Order laid before the House on 14th September be approved; the motion was agreed to.

13.  Equality Bill [HL]—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was agreed to (see division list); a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

14.  Commissioner for Older People (Wales) Bill [HL]—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 37)

The House was adjourned at four minutes past nine o’clock

till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

Commons Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after clause 35 stood part.

The Committee was adjourned at twenty-nine minutes past seven o’clock.